SUSIL CHUNDER NEOGY Vs. BIRENDRAJIT SHAH

JUDGEMENT

(1.) THIS is a suit for ejectment. On 24 September 1932 plaintiff gave notice in writing to the defendant to quit and vacate the premises in, suit by 31 October 1932. The premises had been let to the defendant for a term of three years from 1 April 1918. According to the decision of the Judicial Committee in Benoy Krishna Das V/s. Salsiccioni, 1932 PC 279 the tenancy expired at midnight on 1 April 1921. The defendants held over as monthly tenants. Holding over as monthly tenants each month of their tenancy expired at midnight on the 1 of the succeeding month. Consequently a notice to quit expiring with the last day of a month is a bad notice. In these circumstances there is no necessity to consider the form of the notice or the other defence taken whether payment under the order of 6 December last of Rs. 330-8- 3 month by month amounted to a waiver. But, quite shortly, though without deciding the case on those grounds, I should say that the notice to quit was good according to the decisions in Doe V/s. Culliford, 4 D and R 248 and Wride V/s. Dyer, (1900) 1 QB 23 and that the plaintiff cannot be prejudiced by payments made under an order made by consent as though they were payments of rent out of Court. I cannot conceive that it was ever intended thereby in effect to nullify the whole of the plaintiff's proceedings. But for reasons already stated the suit will be dismissed with costs.